Copyright law of Aruba

Last updated
Auteursverordening
  • Auteursverordening 2003 no. GT 10
CitationAuteursverordening
Territorial extent Aruba
Enacted23 October 2003
Status: In force

Copyright in Aruba is codified in the Auteursverordening. [1] The verordening (act) codifies copyright, and exceptions and limitations to copyright. The act is derived from the Dutch Copyright Act 1912 and has deviated since then. Copyright in Aruba recognises that products in the field of literature, science or art, in whatever manner or form it is reproduced are protected by copyright. [2] This includes translations and medium shifting.

Contents

The Aruba copyright act follows the civil law tradition, one of the key aspects of this is that it does not have fair use or fair dealing, instead it has a limited list of exceptions and limitations to copyright.

Protected subject matter

Copyright in Aruba recognises that products in the field of literature, science or art, in whatever manner or form it is reproduced are protected by copyright. [2] This includes translations and medium shifting.

No copyright is assigned to governmental acts or decisions by the courts. [3] No copyright is assigned to publications by the government of Aruba, unless it is expressly reserved. [4]

Moral rights

Aruba recognises moral rights (or personality rights) for the duration of copyright. [5] This includes the rights of attribution or paternity and the right of integrity of the work.

The duration of copyright in Aruba last until January 1, 50 years after the year of death of the latests living author of a copyright protected work. [6] There are however exceptions for anonymous works, works authored by an organisation, and posthumously published works. In these cases the term of protection of copyright ends on January 1, 50 years after the year of publication of the work. [7] Photographs, cinematography and similar works have a similar duration, 50 years after the year of first lawful publication. [8]

Aruba recognises the rule of the shorter term, if a work is in the public domain in the country of origin is it also in the public domain in Aruba.

Exceptions and limitations

Chapter 1 § 6 of the act details the exceptions and limitations to copyright on Aruba. In summary they can be described as:

Additionally, painters are always allowed to create similar works as works already created, even when they have transferred their rights. [15]

Portrait rights

The act codifies portrait rights in articles 19, 20, and 21. Portrait rights are rights assigned to the portrayed, they should not be confused with personality rights. The act recognises two types of portraits: commissioned portraits, and non-commissioned portraits

Commissioned portraits

Commissioned portraits need permission by the people who are portrayed before they can be made public. The portrayed can reserve the right up until 10 years after their death, inherited by parents, spouse or children. Additionally portrayed can permit the publication of photographic portrait in press or magazines without permission of the rights holder. Attribution to the photographer is mandatory

Non-commissioned portraits

Publication of portraits that are not commissioned is allowed unless the portrayed can indicate reasonable interest not to have the portrait published.

Bureau of intellectual property Aruba

The Bureau of intellectual property Aruba has a copyright registry. [16] While registration is not mandatory to receive copyright protection, registered works can be used as a proof of authorship in disputes. [17]

International treaties

Aruba is a signatory of Berne Convention for the Protection of Literary and Artistic Works (1886). The convention has seen updates since then. Aruba is not a signatory of the latests iterations. [18] It is likely a signatory of the Rome Act of 1928 and not the more recent Paris Act. [19]

Aruba has chosen not to adopt a proposal for the protection of performing rights. [20]

See also

Related Research Articles

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In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.

<span class="mw-page-title-main">All rights reserved</span> Copyright notice

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The Copyright Act is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The Copyright Act was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the Act, but each of the bills failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the Copyright Modernization Act. Bill C-11 was passed and received Royal Assent on June 29, 2012.

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Spanish copyright law, or authors' right law, governs intellectual property rights that authors have over their original literary, artistic or scientific works in Spain. It was first instituted by the Law of 10 January 1879, and, in its origins, was influenced by French authors' right law and by the movement led by Victor Hugo for the international protection of literary and artistic works. As of 2006, the principal dispositions are contained in Book One of the Intellectual Property Law of 11 November 1987 as modified. A consolidated version of this law was approved by Royal Legislative Decree 1/1996 of 12 April 1996: unless otherwise stated, all references are to this law.

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Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.

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<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights.

Under the law of the United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988, as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, although this is likely to change by the expiration of the Brexit transition period on 31 December 2020, the UK has left the EU on 31 January 2020. On 12 September 2018, the European Parliament approved new copyright rules to help secure the rights of writers and musicians.

<span class="mw-page-title-main">Limitations and exceptions to copyright</span> Provisions which allow for copyrighted works to be used without a license from the copyright owner

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<span class="mw-page-title-main">Copyright Act of 1976</span> United States law

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<span class="mw-page-title-main">Copyright Act 1911</span> United Kingdom legislation

The Copyright Act 1911, also known as the Imperial Copyright Act 1911, was an act of the Parliament of the United Kingdom (UK) which received royal assent on 16 December 1911. The act established copyright law in the UK and the British Empire. The act amended existing UK copyright law, as recommended by a royal commission in 1878 and repealed all previous copyright legislation that had been in force in the UK. The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.

<span class="mw-page-title-main">Collective work</span> Compilation of multiple independent works

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References

  1. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba". Coleccion Aruba. Retrieved 2025-01-27.
  2. 1 2 "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 10)". Coleccion Aruba. Retrieved 2025-01-27.
  3. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 11)". Coleccion Aruba. Retrieved 2025-01-27.
  4. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 12)". Coleccion Aruba. Retrieved 2025-01-27.
  5. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 25)". Coleccion Aruba. Retrieved 2025-01-27.
  6. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 38)". Coleccion Aruba. Retrieved 2025-01-27.
  7. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 39)". Coleccion Aruba. Retrieved 2025-01-27.
  8. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 40)". Coleccion Aruba. Retrieved 2025-01-27.
  9. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 15)". Coleccion Aruba. Retrieved 2025-01-27.
  10. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 16)". Coleccion Aruba. Retrieved 2025-01-27.
  11. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 17)". Coleccion Aruba. Retrieved 2025-01-27.
  12. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 18)". Coleccion Aruba. Retrieved 2025-01-27.
  13. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 22)". Coleccion Aruba. Retrieved 2025-01-27.
  14. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 23)". Coleccion Aruba. Retrieved 2025-01-27.
  15. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 24)". Coleccion Aruba. Retrieved 2025-01-27.
  16. ↑ "Copyrights". www.opi-aruba.org. Retrieved 2025-01-27.
  17. ↑ "10.07GT03.010 Auteursverordening - Wetgeving Aruba (Article 45)". Coleccion Aruba. Retrieved 2025-01-27.
  18. ↑ "TREATY/BERNE/113: [BERNE Treaty] Declaration by the Kingdom of the Netherlands Extending the Effects of its Ratification of the Paris Act (1971) to Articles 1 to 21 and the Appendix". www.wipo.int. Retrieved 2025-01-27.
  19. ↑ "Een auteursrechtelijke anomalie - Versteeg Wigman Sprey" (in Dutch). 2020-11-09. Retrieved 2025-01-27.
  20. ↑ DE WET, OP DE NABURIGE RECHTEN, and WET OP DE NABURIGE RECHTEN. "PARLEMENTAIRE GESCHIEDENIS WNR VII." https://scholarlypublications.universiteitleiden.nl/access/item%3A2728996/download
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